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Ron Payer ethics complaint 3 MN DNR November 24, 2003 Dear Commissioner Merriam, I would like to file a third ethics complaint against Director of Fisheries Mr. Ron Payer.
Reason 1. On October 22 2003 Mr. Payer deliberately attempted to “invent” a reason to justify Mr. Goeman’s 2001 arbitrary and capricious denial of a permit to stock orangespotted sunfish into ponds licensed for orangespotted sunfish. Some of those ponds had been licensed for orangespotted sunfish since 1996. Mr. Goeman and his predecessor Mr. Ed Feiler had approved all of my ponds except one temporary pond for orangespotted sunfish and all other Minnesota species. On June 1 2001 Mr. Goeman attempted to justify his arbitrary and capricious permit denial by saying the farm was within the 25-year flood plain. He did this despite the 1996 DNR document sent to Mr. Steve Hirsch that said “the map (attached) clearly shows the pond site nowhere near that [100-year flood plain] ”. Then on July 7 2003 Mr. Goeman admitted that there was no documentation showing my farm was within the 25-year flood plain. On October 22 2003 Mr. Payer attempted to claim that Mr. Goeman denied the 2001 permit because the application was incomplete. Mr. Payer is well aware that Mr. Goeman stated on June 1 2001 that his reason for the permit denial was his claim that my farm was within the 25-year flood plain. Mr. Payer is also aware of the August 30 1996 Hirsch document because I have sent him the link to that document on my website. Mr. Goeman has never said that application was incomplete.
Reason 2. Mr. Payer continues to support Mr. Goemans arbitrary and capricious statement that I need Mr. Goemans approval to sell any of my fish produced in non-indigenous ponds anywhere in Minnesota. This is false. The person transporting and stocking is the person that needs the permit. The seller does not need permission to sell. Additionally, there is nothing in the statute that distinguishes between fish raised in indigenous ponds and those raised in non-indigenous ponds. There are many cases where the fish raised in a non-indigenous pond would be moved to a watershed where it is indigenous. Also, indigenous species can be raised in non-indigenous ponds. Mr. Payer should be aware of those facts. If Mr. Payer and Mr. Goeman are unable to understand Minnesota statutes then they should not be allowed to make decisions affecting my business or others like mine. I did not have a problem with Fisheries until 6 weeks after filing an ethics complaint against Mr. Jack Wingate for giving false testimony to the legislature. Suddenly 95% of my farm license was gone. I believe the illegal actions of Mr. Goeman and the support of his illegal actions by Mr. Payer, Mr. Hirsch and Mr. Wingate is a clear example of state employees using the power of the state to retaliate. In my opinion this should be cause for termination. The documents I just referenced are on my website. http://www.mndnrdocuments.org More documents will be added as they become available.
Thank you for your time. Sincerely, John Reynolds Midwest Fish and Crayfish 26385 County Road 3 Merrifield MN 56465 cc. Deputy Commissioner Mark Holsten Representative Dale Walz Senator Paul Koering John Guenther
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